Jowers v. South Carolina Department of Health and Environmental Control
South Carolina Supreme Court
423 S.C. 343, 815 S.E.2d 446 (2018)
- Written by Penny Ellison, JD
Facts
The South Carolina Department of Health and Environmental Control (department) (defendant) required water users who withdrew three million gallons in one month to obtain a time-limited permit. The department granted an exemption for agricultural users, who needed only to register the withdrawal and were afforded no time limit on the validity of the registration. James Jowers (plaintiff) brought suit against the department, challenging the exemption afforded agricultural users. Jowers argued that the exemption violated his rights under the takings and due-process clauses of the United States Constitution because it allowed registered users to withdraw any amount of water and because that amount would forever be deemed reasonable, regardless of how conditions could change in the future. The department challenged Jowers’s standing, arguing that no injury in fact had yet occurred because Jowers had not yet been deprived of any right. The department also challenged whether an actual case or controversy existed that was ripe for decision. Both parties filed motions for summary judgment. The circuit court granted summary judgment for the department. Jowers appealed to the court of appeals, and the case was certified to the South Carolina Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Few, J.)
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